Territory of Montana v. Willard
Montana Supreme Court
Appeal from ike Second Judicial District, Silver Dow County. The question of law before this court is, whether a conviction of petit larceny is a bar to a prosecution for burglary, when the two offenses grew out of the same transactions.
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Appeal from ike Second Judicial District, Silver Dow County. The question of law before this court is, whether a conviction of petit larceny is a bar to a prosecution for burglary, when the two offenses grew out of the same transactions. The appellant takes the position that a conviction for one offense can be a bar to a prosecution for another offense, only, when on a trial of the jnrmer, a legal conviction could have been obtained for the latter; as a conviction (not set aside) for manslaughter, upon a murder indictment, would bar a prosecution for murder, the act being the same; and a…
1Opinion of the CourtLiddell, J.
This is an appeal by the Territory from a ruling of the District Court in sustaining the plea of autrefois convict upon an indictment for burglary. From undisputed facts it appears that the accused burglarized a saloon in the city of Butte on the 2d of July last, and stole therefrom a lot of cigars and wines. Two indictments were found against them; one for larceny and the other for burglary. They were first tried and convicted of larceny, and upon being arraigned for trial on the burglary charge they pleaded the former conviction in bar. On the trial of the plea it was admitted by the…
2Cases cited1 opinion
- Territory v. FoxMontana Supreme Court · 1880
3Cited by12 opinions
- State v. WellsMontana Supreme Court · 1983
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- State v. MarchindoMontana Supreme Court · 1922
- State v. MagoneOregon Supreme Court · 1899
- Anderson v. MoyerDistrict Court, N.D. Georgia · 1912
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